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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi there, Im separating from my long term partner of 12

Customer Question

Hi there,
I'm separating from my long term partner of 12 years. We have 2 children but we are not married. The mortgage is in joint names . Is it just a 50/50 on the proceedings what are left over?
Kind regards
Ian
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and who will they live with?
How much is the property worth and how much is outstanding on the mortgage?
What income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare
The children are 10 years (twins born 24/01/04). And I guess they would live with there mother, they could live with me if they wished.
The property is worth £610,000 and left on the mortgage is £360,000.
I earn £86,000 . My ex- partner works part time,earning £8,000.
I know I would have to pay around £650 - £700 per month for the children ,based on the CSA website
.
Just need to know is it a 50/50 split.
I pay for all running costs ,apart from the council tax and water rates.
Kind regards
Ian
Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Hi Clare,
Around £300,000 /£325,000.
Ian
Expert:  Clare replied 2 years ago.
Hi
How was the purchase actually funded?
Clare
Customer: replied 2 years ago.
The purchase of the house we still live in ? If it is ,my funding and a house move made from a previous house sale.. When we 1st got together in 2002, it was my funding for the deposit ,enabling the completion .
Ian
***********
Expert:  Clare replied 2 years ago.
Hi
Did you protect your investment with a Declaration of Trust at all?
(yes you guessed right)
Clare
Customer: replied 2 years ago.
Hi Clare,
No I didn't .
Is that your picture ?
Ian
Expert:  Clare replied 2 years ago.
Hi
I do not have great news for you i am afraid.
On the positive side you are correct the eventual division of the equity in the property will be 50/50
HOWEVER you are under a duty to help house the children until they are 18
If the house is sold (which it is likely that you can achieve) then your ex would need to receive all the proceeds of sale to rehouse herself and the children - and you will have to wait until the children are 18 or your ex cohabits to secure your half.
You may wish to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare,

I have also a 2 bed apartment in my name only in spain ,can she have any claim on this?

Ian
Expert:  Clare replied 2 years ago.
Hi
Not under Uk law no
Clare
Customer: replied 2 years ago.
Just so I'm clear ,she can only take proceeds from the UK house sale to house the children until they are 18 , the apartment in spain does not come into the settlement ,because it is in my sole name?

Ian
Expert:  Clare replied 2 years ago.
Hi
Correct
Clare

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